Regulatory Takings Claims against Uncle Sam: Amicus Brief Filed in Indian Trust Case

We just filed an amicus curiae brief in the U.S. Supreme Court in an interesting case on a little-known jurisdictional statute that dramatically impacts two groups who have claims against the federal government:  Indian tribes and property owners. 

The statute (28 U.S.C. 1500) states:

The United States Court of Federal Claims shall not have jurisdiction of any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States or any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, directly or indirectly under the authority of the United States.

The issue in this case is if there is a claim against the federal government pending in a district court, does the Court of Federal Claims have jurisdiction over a claim that arises from the same operative facts.

Our brief, filed on behalf of the National Association of Home Builders, is here.

Questions Presented: 

Under 28 U.S.C. 1500, the Court of Federal Claims (CFC) does not have jurisdiction over "any claim for or in respect to which the plaintiff * * * has * * * any suit or process against the United States" or its agents "pending in any other court." The question presented is: Whether 28 U.S.C. 1500 deprives the CFC of jurisdiction over a claim seeking monetary relief for the government's alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits.

Merits Briefs:

United States (Petitioner)'s Brief:  here.

Tribe's (Respondent)'s Brief: here.

Amicus Brief of Professor Sisk: here.

Other Briefs:

United States' Petition for Certiorari: here. (courtesy of scotusblog.com)

Tribe's Brief in Opposition to the Petition for a Writ of Certiorari: here.

United States' Reply: here. (courtesy of scotusblog.com)

Decision below:

Federal Circuit's decision:  here.

Full confession:  I had to google the Tohono O'odham Nation to find out where they were located:  Arizona.